complaint for injunctive relief floridaglee quarterback behind the scenes

>> /Type /Page That defendants' proposed sales of hauling assets in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA area markets, and defendants' proposed sales of MSW disposal assets in the Anderson, IN; Macon, GA and New York City, NY area markets be adjudged and decreed to be unlawful and in violation of Section 7 of the Clayton Act; 2. 0000003135 00000 n 19 0 obj 89 0 obj /CropBox [0 0 612 792] >> 56. not /Rotate 0 Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . 70 0 obj ( 44. "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. /Annots [] ( startxref /Contents [238 0 R 239 0 R 240 0 R] /Type /Page /Contents [110 0 R 111 0 R 112 0 R] /CropBox [0 0 612 792] /Annots [] ]\q( $QSRP@=8`) $CC16 PI_ XL /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Rotate 0 63. After the acquisition, Allied would control over 50 percent--and two firms more than 90 percent-- of the small container commercial waste hauling market, which has annual revenues of about $10 million. /Annots [] The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action to enjoin the acquisition of certain waste hauling and disposal assets by Defendants Allied Waste Industries, Inc. ("Allied") and Republic Services, Inc. ("Republic") and to obtain equitable relief and other relief as appropriate. >> /Parent 14 0 R /Type /Page Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. "Lakeland, FL area" means Polk County, Florida. /Parent 9 0 R 2201-202, and . /Resources 297 0 R /CropBox [0 0 612 792] << endobj /MediaBox [0 0 612 792] /Annots [] 45. endobj >> << 29. 0000006259 00000 n Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. Alexdex. /Annots [] Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. /Annots [] << /Type /Page This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. /CropBox [0 0 612 792] /Parent 4 0 R << 0000001187 00000 n /Rotate 0 /CropBox [0 0 612 792] /Parent 9 0 R << /Rotate 0 /Rotate 0 For a number of reasons, landfills may not be located close to where the waste is generated. /MediaBox [0 0 612 792] 23. << 83.40 et seq. <> /MediaBox [0 0 612 792] /Type /Page endobj endobj "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. 47 0 obj >> /Resources 281 0 R 4. 0000000817 00000 n /Resources 197 0 R /Type /Page endstream 9. 14. Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /Rotate 0 The extension of vote-by-mail options and other accommodations at polling places is necessary. << >> Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. 2018 to May 6, 2021. After the acquisition, Allied would control over 50 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $31 million. /CropBox [0 0 612 792] The extension ofvote-by-mail options and other accommodations at polling places is necessary. /CropBox [0 0 612 792] endobj >> /Count 10 Plaintiff is a Florida resident, lives in Miami- Dade County, is sui juris, and qualifies of a protected class under the ADA, 42 U.S.C. A .gov website belongs to an official government organization in the United States. Thus, small container commercial waste collection service is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. 81 0 obj endobj 14 0 obj Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). >> /Rotate 0 /Parent 14 0 R /Parent 10 0 R clearly appears from specific facts shown by affidavit or by verified complaint that immediate or >> /CropBox [0 0 612 792] 69 0 obj /MediaBox [0 0 612 792] 90 0 obj >> 0 prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. << 3. /CropBox [0 0 612 792] These differences mean that roll-off waste collection firms can profitably increase their charges for roll-off waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. /MediaBox [0 0 612 792] 32 0 obj /Parent 14 0 R endobj . 59. /Resources 149 0 R << /Resources 385 0 R /Type /Page 42. The Macon, GA area is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the ClaytonAct. 1. 20. /Resources 277 0 R <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> hear the plaintiff's claim for declaratory and injunctive relief because the plaintiff alleged an amount in controversy in excess of $15,000; which obviously, is due to the fact that . endobj This document is available in two formats: this web page (for browsing content) and. Defendant is defined as a "Public Accommodation" within meaning of Title III /Resources 325 0 R /CropBox [0 0 612 792] 79 0 obj The United States Army Corps of Engineers ("Corps" or "Army Corps") has unlawfully approved a massive dredging project for Port Everglades in Fort Lauderdale, Florida. The acquisitions by Allied and Republic would remove a significant competitor in small container commercial waste collection service, roll-off waste collection service, and/or the disposal of MSW, in already highly concentrated and difficult-to-enter markets. In the New York City, NY area, the acquisition would reduce from five to four the number of significant firms competing to dispose of commercial MSW. Copyright 2008-2023 Jimerson Birr, P.A. 82 0 obj endstream endobj startxref Official websites use .gov >> In such instances, the waste is brought to a nearby transfer station where it is compacted and combined with other waste and then transported to a more distant permanent disposal site. %%EOF /Contents [154 0 R 155 0 R 156 0 R] >> endobj << << /Resources 161 0 R How long will the injunction be effective? /Annots [] /MediaBox [0 0 612 792] << 26. MSW is generally transported by collection trucks to landfills and transfer stations, and the availability of disposal sites close to a hauler's routes is a major element that determines a hauler's competitiveness and profitability. /Rotate 0 /Parent 11 0 R /Count 10 41 0 obj 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. >> Complaint for Declaratory and Temporary and Permanent Injunctive Relief (the "Complaint"), which is incorporated herein by this reference.1 As shown in the Complaint, the HRO is null and void for failure to comply with Florida Statutes, the Jacksonville Ordinance Code, and the Rules of the Council of the City of Jacksonville. /Annots [] Date: Wednesday, June 21, 2000 Document Type: Complaint This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). /Rotate 0 /PageLabels 3 0 R Suing for an injunction in Florida is all about preserving the status quo. Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . /Rotate 0 << 77 0 obj 24 0 obj << /Kids [55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R 63 0 R 64 0 R] /Rotate 0 /Parent 4 0 R /CropBox [0 0 612 792] << /Rotate 0 << Rather, its about dealing with the future, not something that happened in the past. << 62 0 obj /Length 1411 /Type /Page /Annots [] /Rotate 0 0000001149 00000 n Anderson, IN and New York City, NY are two such areas. /Type /Page /Annots [] >> << hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` Roll-off haulers typically deal with larger waste volumes from a single customer for which disposal costs constitute a greater percentage of the total revenue received for the service. /Parent 12 0 R 39 0 obj /Parent 10 0 R /Resources 109 0 R /Resources 285 0 R Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. /Annots [] } !1AQa"q2#BR$3br /CropBox [0 0 612 792] 26 0 obj /Annots [] /MediaBox [0 0 612 792] Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. 1391(c). << /Type /Page >> /Parent 12 0 R << endobj << /Resources 357 0 R << Roll-off waste collection services are generally provided in localized areas because a roll-off truck cannot be efficiently or profitably driven significantly longer distances than those driven by a competitor to collect and dispose of the waste. /MediaBox [0 0 612 792] This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. /Parent 10 0 R /Contents [142 0 R 143 0 R 144 0 R] For example, for a market consisting of four firms with shares of thirty, thirty, twenty, and twenty percent, the HHI is 2600 (302 + 302 + 202 + 202 = 2600). /Parent 7 0 R /MediaBox [0 0 612 792] The proposed transactions, identified below, would lessen competition substantially in waste collection and/or disposal services: (1) Allied's acquisition of hauling assets in Albany, New York; (2) Allied's acquisition of hauling assets in Augusta, Georgia; (3) Allied's acquisition of hauling assets in Memphis, Nashville and Clarksville, Tennessee; (4) Allied's acquisition of disposal assets in New York, New York; (5) Allied's acquisition of hauling assets in Norfolk, Virginia; (6) Allied's acquisition of hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida ("Gulf Coast, Florida"); (7) Republic's acquisition of disposal assets in Anderson, Indiana; (8) Republic's acquisition of hauling assets in Columbus, Ohio; (9) Republic's acquisition of hauling assets in Lakeland, Florida; (10) Republic's acquisition of hauling assets in Louisville, Kentucky and Sellersburg, Indiana; (11) Republic's acquisition of hauling and disposal assets in Macon, Georgia; and (12) Republic's acquisition of hauling assets in Monmouth, Burlington and Camden counties, New Jersey. Should you request a temporary injunction or push quickly for final permanent injunction. /Rotate 0 Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /Rotate 0 8 0 obj /Contents [210 0 R 211 0 R 212 0 R] This Court has supplemental jurisdiction over the State of Florida's state claims pursuant to COMPLAINT -3-q;;m: @ii$$1$$ &JIIJAI JKQI !.1 i&%iiM tv . /Author (JacqmeinV) 0000003946 00000 n This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. << << /CreationDate (D:20220824140929-04'00') Rather, these are some additional factors to consider while determining the feasibility of this action: Will the court be able to enforce the injunction, or will it require intensive court supervision? >> Pursuant to the purchase agreements, Allied would acquire from Superior: hauling assets in Albany, New York; hauling assets in Augusta, Georgia; hauling assets in Memphis, Nashville and Clarksville, Tennessee; disposal assets in New York, New York; hauling assets in Norfolk, Virginia; and hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida. The predictable result is the denial of the vote to untold numbers of Floridians who had planned to vote in person on Election Dayincluding those who are elderly or have health conditions and cannot get to the polls without tremendous risk, university students who are no longer present in their county of registration because their dorms have closed, and those who venture out but encounter long lines and confusion at the polls. 75 0 obj /Resources 317 0 R 64. 76 0 obj The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. 27 0 obj /Parent 8 0 R /Annots [] /Resources 261 0 R 48 0 obj Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. While small container commercial waste collection typically involves a FEL truck making regular stops on pre-scheduled routes to empty numerous containers at multiple customer locations, roll-off waste collection is often performed on an "on-call" basis for customers whose waste is not part of any route. After the acquisition, Allied would control over 35 percent--and two firms more than 80 percent--of the small container commercial waste hauling market, which has annual revenues of about $17 million. /ModDate (D:20220824143048-04'00') The United States is entitled to injunctive relief under 26 U.S.C. << /Type /Pages Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. ( >> /Type /Page The customer's MSW is stored in much smaller containers (e.g., garbage bags or trash cans) and instead of FEL trucks, waste collection firms routinely use REL or side-load trucks, manned by larger crews (usually, two-or three-person teams). /Resources 137 0 R << /Annots [] 13 0 obj (2001). << 56 0 obj /Type /Page /Resources 177 0 R endobj stream Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /Annots [] Z( >> /Annots [] 64 0 obj This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. /Contents [306 0 R 307 0 R 308 0 R] 23 0 obj 0000001469 00000 n >> On February 10, 2023, the Court screened the 27 First Amended Complaint and dismissed it for failure to state a claim, with leave to amend within 28 thirty days. 24. 49 0 obj /Resources 237 0 R endobj /Rotate 0 for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. 35. 67. Haulers, therefore, generally establish garages and related facilities within each major local area served. /Type /Page 55. After the acquisition, Republic would control over 50 percent--and two firms about 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $22 million. /Resources 293 0 R 50. /Type /Page 0000001563 00000 n In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. /Parent 9 0 R In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. /Resources 365 0 R >> In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. An official website of the United States government. Firms that compete in the disposal of MSW generated in the Anderson, IN or New York City, NY areas can profitably increase their charges for disposal of MSW generated in each area without losing significant sales to more distant disposal sites. /Annots [] (ECF No. /Resources 225 0 R /Annots [] /Parent 8 0 R /MediaBox [0 0 612 792] ( In the event of a small but significant increase in the price of the disposal of MSW in the Anderson, IN or New York City, NY areas, haulers of MSW generated in each area would not turn to disposal facilities outside their area. /Resources 157 0 R /Contents [354 0 R 355 0 R 356 0 R] 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . /Rotate 0 There could be a negative impact on the plaintiffs public image. 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . Each of these areas is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. /Contents [274 0 R 275 0 R 276 0 R] ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx 31. 17. << hb```"FN%n010pKsg``Z ^^@Y"bL38/4F `} endstream endobj 24 0 obj <> endobj 25 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 26 0 obj <>stream Allied and Republic directly compete in small container commercial waste collection service in a number of markets nationwide, including the areas of: Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA. endobj /CropBox [0 0 612 792] /Parent 7 0 R Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . Markets in which the HHI is between 1000 and 1800 points are considered to be moderately concentrated, and those in which the HHI is in excess of 1800 points are considered to be highly concentrated. /Contents [206 0 R 207 0 R 208 0 R] /Annots [] /Annots [] Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages. endobj The differences in the types and volume of MSW collected and in the equipment used in collection distinguish small container commercial waste collection from all other types of waste collection activities. endobj judgment, and preliminary and permanent injunctive relief and damages. stream 80 0 obj << endobj /Resources 381 0 R /Annots [] /Type /Page << MSW does not include special handling waste (e.g., waste from manufacturing processes, regulated medical waste, sewage, and sludge), hazardous waste, or waste generated by construction or demolition sites. << /Resources 193 0 R >> /Rotate 0 /MediaBox [0 0 612 792] ( JURISDICTION AND VENUE 1. /Contents [166 0 R 167 0 R 168 0 R] /Annots [] >> provide relief to all the individuals affected by APD's action.

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